
In line with government’s commitment to improvising safety in all modes of transport, the National Railway Safety Regulator Act, 2002 (Act 16 of 2002) was promulgated in 2002, thereby establishing the Railway Safety Regulator (RSR).
The RSR is an agency of the Department of Transport and is listed as a National Public Entity in schedule 3A of the Public Finance Management Act, 1999 (Act 1 of 1999).
It is governed by a Non-executive Board of Directors, appointed by the Minister of Transport for a term of three years. The first Board was appointed in June 2003. The board is the accounting authority in terms of the National Railway Safety regulator Act (NRSRA) AND THE Public Finance Management Act.
The functions of the RSR are managed by a Chief Executive Officer (CEO), appointed by the Minister for a period not exceeding five years. The CEO is an ex officio member of the Board and is the accounting officer.
The RSR Mandate
The RSR mandate is contained in the National Railway Safety Regulator Act of 2002. The fundamental principle embodied in the NRSRA is one of co-regulation, whereby railway operators are responsible for managing safety, and the RSR is responsible for overseeing safety. To this end, the mandate of the RSR includes:
In order to execute its mandate, the RSR expects the co-operation of railway operators in the interests of improving safety, especially since operators are responsible for managing safety. In particular, the functions of the RSR include:
Every railway operator shall prepare and implement a fully resourced and effective safety management system (SMS) based on the requirements of the South African National Standard SANS 3000-1: 2005 Railway Safety management.
(Part 1: General)
An operator is obliged to apply for a Safety Permit by completing a Temporary Permit Application Form. This Form is available on the RSR website www.rsr.co.za.
A Temporary Safety Permit valid for 6 months is issued to the operator. Within 3 months of having been issued with a Temporary Permit, the operator is obliged to submit a comprehensive Safety Management System Report (SMSR) to the Railway Safety Regulator (RSR). A Safety
Management System Report Format is available and has to be completed as the official application for a Safety Permit.
The SMSR is assessed by the RSR and the following possibilities flow from this:
The SMSR submitted is found not to meet the minimum requirements for the issuing of a Safety Permit. The RSR provides feedback in writing to the operator on the additional information required in order to meet the basic requirements for a permit. In the letter a submission date is stipulated on which the additional information should be submitted to the RSR. The operator will still be functioning on a Temporary Safety Permit at until the submitted information was found to be adequate.
Should a SMSR be found to meet the most critical requirements but lack the remaining criteria, a Conditional Safety Permit valid for 4 months may be issued. A letter explaining what is required from the operator to meet the Special Conditions attached to the Conditional Safety Permit is sent with the permit. The operator will be expected to submit the information addressing the Special Conditions within 3 months of issuing of the Conditional Safety Permit.
Only once all the requirements are adhered to will the issuing of a Safety Permit valid for 3 years be considered by the RSR."
In particular, the development and implementation of the SMS shall be based on a true reflection of the operational risk management processes of the operator.
Operators must address to the specific conditions attached to their safety permit and advise compliance in order that those conditions can be revoked once complied with.
Operators must inform the RSR timeously of any changes to their SMS and SMS report:
Operators are required to report railway occurrences to the RSR:
Immediate reporting
Any railway occurrence which result in injury, death or significant damage to property, including the environment, are to be recorded by the operator and reported immediately (within 15 minutes) to the RSR telephonically, followed by a report in writing as soon as possible, but within 24 hours after the occurrence.
Quarterly reporting
An operator is to provide the following information to the RSR for the purpose of assessment of the performance of the operator:
Annual reporting
Operators are required to submit an annual safety performance report for the year ending 31 March on a date not later than the end of September of each year. Specifically, operators are required to submit the following information:
Stakeholders fit into the following broad categories and thr responsibilities differ considerably:
Railway operators
They fall into three categories: network, train and station. Railway operators that are required to have a safety permit are defined in the National Railway Safety Regulator Act. Should there be any uncertainty regarding what is required, contact the General Manager of Safety Regulation.
Freight shippers
The RSR has no direct relationship with freight shippers. Train operators need to demonstrate in their SMS how they ensure that freight shippers comply with the provisions of the National Railway Safety Regulator Act and regulations, in particular regarding the transport of dangerous goods by rail. It will be in their interest that freight shippers familiarise themselves with these requirements.
Carriers
The RSR has no direct relationship with carries. Train operators need to demonstrate in their SMS how they ensure that carriers comply with the provisions of the National Railway Safety Regulator Act and regulations. It will in their interest that carriers familiarise themselves with these requirements.
Passengers, either commuter or long distance
Although the RSR has no direct relationship with individual passengers or representative organisations, it has planned to arrange a formal forum to enable issues affecting safety and security to be tabled and action plans developed. The General Manager of Corporate Affairs may be contacted in this regard.
National, provincial and local government, utilities and other regulators
The relationship with these institutions will be managed through co-operative agreements, as provided for in the NRSRA. For further information contact the General Manager of Safety Regulation.
Contractors and suppliers
The RSR has no direct relationship with contractors and suppliers. Train operators need to demonstrate in their SMS how they ensure that contractors and suppliers comply with the provisions of the National Railway Safety Regulator Act and regulations. It will in their interest that contractors and suppliers familiarise themselves with these requirements.
Report incidents which may
negatively affect railway safety on:
